Warranty and indemnity (W&I) insurance has become a common feature in merger and acquisition transactions. A surge of interest in investing in the Irish nursing home sector over the last few years has resulted in a consolidation of the market and larger deal sizes. As a consequence, the use of W&I Insurance in the larger, multi nursing home deals is now customary. We look at why W&I Insurance is being considered more frequently in the context of Irish nursing home transactions. We also consider some of the emerging trends we are seeing as this product develops.
The Health Information and Quality Authority is subject to the Freedom of Information Act, meaning it often receives FOI requests. Nursing home operators may want to take this into account when submitting information to HIQA.
The CCPC refreshed its guidelines for contracts of care in nursing homes in June 2021. The guidelines serve as a timely reminder for nursing home operators to review their standard terms to ensure that they are compliant with the guidelines. Currently, many contracts for care in place do not comply with all CCPC guidelines. Nursing home operators should ensure contracts are updated to fully comply with the guidelines.
In light of the changes brought about by a key Supreme Court decision earlier this year, we look at the implications for employers in the nursing home sector when dealing with employee claims in the Workplace Relations Commission. Fundamentally, now that claims are heard in public and decisions no longer anonymous, reputational damage will have to be borne in mind.
If you are involved in the nursing home sector, you should carefully consider your statutory obligations to improve your nursing home premises, where applicable, in advance of the 1 January 2022 deadline.
With inflation rates trending upwards in the wake of the pandemic, is CPI-linked rent review no longer the safe option it was once considered? We review the law on rent reviews for residential and commercial leases.